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Abstract:

A novel garden bean cultivar, designated H28122, is disclosed. The
invention relates to the seeds of garden bean cultivar H28122, to the
plants of garden bean line H28122 and to methods for producing a bean
plant by crossing the cultivar H28122 with itself or another bean line.
The invention further relates to methods for producing a bean plant
containing in its genetic material one or more transgenes and to the
transgenic plants produced by that method and to methods for producing
other garden bean lines derived from the cultivar H28122.

Claims:

1. A seed of bean cultivar designated H28122, wherein a representative
sample of seed of said cultivar has been deposited under NCIMB No. 41702.

2. A bean plant, or a part thereof, produced by growing the seed of claim
1.

3. A bean plant, or a part thereof, having all the physiological and
morphological characteristics of bean cultivar H28122 listed in Table 1.

4. A bean plant, or a part thereof, having the physiological and
morphological characteristics of bean cultivar H28122, wherein a
representative sample of seed of said cultivar has been deposited under
NCIMB No. 41702.

5. A tissue culture of regenerable cells produced from the plant of claim
2 wherein said cells of the tissue culture are produced from a plant part
selected from the group consisting of embryos, meristematic cells,
leaves, pollen, root, root tips, stems, anther, pistils, pods, flowers,
and seeds.

6. A bean plant regenerated from the tissue culture of claim 5, said
plant having the morphological and physiological characteristics of bean
cultivar H28122, wherein a representative sample of seed has been
deposited under NCIMB No. 41702.

7. A method for producing a bean seed comprising crossing a first parent
bean plant with a second parent bean plant and harvesting the resultant
hybrid bean seed, wherein said first parent bean plant or second parent
bean plant is the bean plant of claim 2.

8. A hybrid bean seed produced by the method of claim 7.

9. A method for producing an herbicide resistant bean plant comprising
transforming the bean plant of claim 2 with a transgene that confers
herbicide resistance to an herbicide selected from the group consisting
of imidazolinone, sulfonylurea, glyphosate, glufosinate,
L-phosphinothricin, triazine, and benzonitrile.

10. An herbicide resistant bean plant, or a part thereof, produced by the
method of claim 9.

11. A method for producing an insect resistant bean plant comprising
transforming the bean plant of claim 2 with a transgene that confers
insect resistance.

12. An insect resistant bean plant, or a part thereof, produced by the
method of claim 11.

13. A method for producing a disease resistant bean plant comprising
transforming the bean plant of claim 2 with a transgene that confers
disease resistance.

14. A disease resistant bean plant, or a part thereof, produced by the
method of claim 13.

15. A method of introducing a desired trait into bean cultivar H28122
comprising: (a) crossing a bean cultivar H28122 plant grown from bean
cultivar H28122 seed, wherein a representative sample of seed has been
deposited under NCIMB No. 41702, with another bean plant that comprises a
desired trait to produce F1 progeny plants, wherein the desired
trait is selected from the group consisting of insect resistance, disease
resistance, water stress tolerance, heat tolerance, improved shelf life,
and improved nutritional quality; (b) selecting one or more progeny
plants that have the desired trait to produce selected progeny plants;
(c) crossing the selected progeny plants with the bean cultivar H28122
plants to produce backcross progeny plants; (d) selecting for backcross
progeny plants that have the desired trait and physiological and
morphological characteristics of bean cultivar H28122 listed in Table 1
to produce selected backcross progeny plants; and (e) repeating steps (c)
and (d) three or more times in succession to produce selected fourth or
higher backcross progeny plants that comprise the desired trait and the
physiological and morphological characteristics of bean cultivar H28122
listed in Table 1.

16. A bean plant produced by the method of claim 15, wherein the plant
has the desired trait and the physiological and morphological
characteristics of bean cultivar H28122 listed in Table 1.

17. A method for producing bean cultivar H28122 seed comprising crossing
a first parent bean plant with a second parent bean plant and harvesting
the resultant bean seed, wherein both said first and second bean plants
are the bean plant of claim 4.

18. The bean plant of claim 16, wherein the desired trait is herbicide
resistance and the resistance is conferred to an herbicide selected from
the group consisting of imidazolinone, sulfonylurea, glyphosate,
glufosinate, L-phosphinothricin, triazine, and benzonitrile.

19. The bean plant of claim 16, wherein the desired trait is insect
resistance and the insect resistance is conferred by a transgene encoding
a Bacillus thuringiensis endotoxin.

Description:

[0002] The disclosures, including the claims, figures and/or drawings, of
each and every patent, patent application, and publication cited herein
are hereby incorporated herein by reference in their entireties.

[0003] The following description includes information that may be useful
in understanding the present invention. It is not an admission that any
of the information provided herein is prior art or relevant to the
presently claimed inventions, or that any publication specifically or
implicitly referenced is prior art.

[0004] There are numerous steps in the development of any novel, desirable
plant germplasm. Plant breeding begins with the analysis and definition
of problems and weaknesses of the current germplasm, the establishment of
program goals, and the definition of specific breeding objectives. The
next step is selection of germplasm that possesses the traits to meet the
program goals. The goal is to combine in a single variety an improved
combination of desirable traits from the parental germplasm.

[0005] In beans, these important traits may include fresh pod yield,
higher seed yield, resistance to diseases and insects, better stems and
roots, tolerance to drought and heat, and better agronomic quality. With
mechanical harvesting of many crops, uniformity of plant characteristics
such as germination and stand establishment, growth rate, maturity and
plant height is important.

[0006] Choice of breeding or selection methods depends on the mode of
plant reproduction, the heritability of the trait(s) being improved, and
the type of cultivar used commercially (e.g., F1 hybrid cultivar,
pureline cultivar, etc.). For highly heritable traits, a choice of
superior individual plants evaluated at a single location may be
effective, whereas for traits with low heritability, selection should be
based on mean values obtained from replicated evaluations of families of
related plants. Popular selection methods commonly include pedigree
selection, modified pedigree selection, mass selection, recurrent
selection and backcross breeding.

[0007] The complexity of inheritance influences choice of the breeding
method. Backcross breeding is used to transfer one or a few favorable
genes for a highly heritable trait into a desirable cultivar. This
approach has been used extensively for breeding disease-resistant
cultivars. Nevertheless, it is also suitable for the adjustment and
selection of morphological character, color characteristics and simply
inherited quantitative characters. Various recurrent selection techniques
are used to improve quantitatively inherited traits controlled by
numerous genes. The use of recurrent selection in self-pollinating crops
depends on the ease of pollination, the frequency of successful hybrids
from each pollination and the number of hybrid offspring from each
successful cross.

[0008] Each breeding program should include a periodic, objective
evaluation of the efficiency of the breeding procedure. Evaluation
criteria vary depending on the goal and objectives, but should include
gain from selection per year based on comparisons to an appropriate
standard, overall value of the advanced breeding lines, and number of
successful cultivars produced per unit of input (e.g., per year, per
dollar expended, etc.).

[0009] Promising advanced breeding lines are thoroughly tested and
compared to appropriate standards in environments representative of the
commercial target area(s) for three or more years. The best lines are
candidates for new commercial cultivars. Those still deficient in a few
traits may be used as parents to produce new populations for further
selection.

[0010] These processes, which lead to the final step of marketing and
distribution, usually take from eight to twelve years from the time the
first cross is made. Therefore, development of new cultivars is a
time-consuming process that requires precise forward planning, efficient
use of resources, and a minimum of changes in direction.

[0011] A most difficult task is the identification of individuals that are
genetically superior, because for most traits the true genotypic value is
masked by other confounding plant traits or environmental factors. One
method of identifying a superior plant is to observe its performance
relative to other experimental plants and/or to a widely grown standard
cultivar. If a single observation is inconclusive, replicated
observations provide a better estimate of its genetic worth.

[0012] The goal of garden bean plant breeding is to develop new, unique
and superior garden bean cultivars. The breeder initially selects and
crosses two or more parental lines, followed by repeated selfing and
selection, producing many new genetic combinations. The breeder can
theoretically generate billions of different genetic combinations via
crossing, selfing and mutations.

[0013] Each year, the plant breeder selects the germplasm to advance to
the next generation. This germplasm is grown under unique and different
geographical, climatic and soil conditions and further selections are
then made during and at the end of the growing season. The cultivars that
are developed are unpredictable. This unpredictability is because the
breeder's selection occurs in unique environments with no control at the
DNA level (using conventional breeding procedures), and with millions of
different possible genetic combinations being generated. A breeder of
ordinary skill in the art cannot predict the final resulting lines he
develops, except possibly in a very gross and general fashion. This
unpredictability results in the expenditure of large amounts of research
monies to develop superior new garden bean cultivars.

[0014] The development of new garden bean cultivars requires the
development and selection of garden bean varieties, the crossing of these
varieties and the evaluation of the crosses.

[0015] Pedigree breeding and recurrent selection breeding methods are used
to develop cultivars from breeding populations. Breeding programs combine
desirable traits from two or more cultivars or various broad-based
sources into breeding pools from which cultivars are developed by selfing
and selection of desired phenotypes.

[0016] Pedigree breeding is used commonly for the improvement of
self-pollinating crops or inbred lines of cross-pollinating crops. Two
parents that possess favorable, complementary traits are crossed to
produce an F1. An F2 population is produced by selfing one or
several F1s or by intercrossing two F1s (sib mating). Selection
of the best individuals may begin in the F2 population; then,
beginning in the F3, the best individuals in the best families are
selected. Replicated testing of families, or hybrid combinations
involving individuals of these families, often follows in the F4
generation to improve the effectiveness of selection for traits with low
heritability. At an advanced stage of inbreeding (i.e., F6 and
F7), the best lines or mixtures of phenotypically similar lines are
tested for potential release as new cultivars.

[0017] Mass and recurrent selections can be used to improve populations of
either self- or cross-pollinating crops. A genetically variable
population of heterozygous individuals is either identified, or created,
by intercrossing several different parents. The best plants are selected
based on individual superiority, outstanding progeny, or excellent
combining ability. The selected plants are intercrossed to produce a new
population in which further cycles of selection are continued.

[0018] Backcross breeding has been used to transfer genes for a simply
inherited, highly heritable trait into a desirable homozygous cultivar or
inbred line which is the recurrent parent. The source of the trait to be
transferred is called the donor parent. The resulting plant is expected
to have the attributes of the recurrent parent (e.g., cultivar) and the
desirable trait transferred from the donor parent. After the initial
cross, individuals possessing the phenotype of the donor parent are
selected and repeatedly crossed (backcrossed) to the recurrent parent.

[0019] The single-seed descent procedure in the strict sense refers to
planting a segregating population, harvesting a sample of one seed per
plant, and using the one-seed sample to plant the next generation. When
the population has been advanced from the F2 to the desired level of
inbreeding, the plants from which lines are derived will each trace to
different F2 individuals. The number of plants in a population
declines each generation due to failure of some seeds to germinate or
some plants to produce at least one seed. As a result, not all of the
F2 plants originally sampled in the population will be represented
by a progeny when generation advance is completed.

[0020] In a multiple-seed procedure, garden bean breeders commonly harvest
one or more pods from each plant in a population and thresh them together
to form a bulk. Part of the bulk is used to plant the next generation and
part is put in reserve. The procedure has been referred to as modified
single-seed descent or the pod-bulk technique.

[0021] The multiple-seed procedure has been used to save labor at harvest.
It is considerably faster to thresh pods with a machine than to remove
one seed from each by hand for the single-seed procedure. The
multiple-seed procedure also makes it possible to plant the same number
of seeds of a population each generation of inbreeding. Enough seeds are
harvested to make up for those plants that did not germinate or produce
seed.

[0022] Descriptions of other breeding methods that are commonly used for
different traits and crops can be found in one of several reference books
(e.g., R. W. Allard, 1960, Principles of Plant Breeding, John Wiley and
Son, pp. 115-161; N. W. Simmonds, 1979, Principles of Crop Improvement,
Longman Group Limited; W. R. Fehr, 1987; Principles of Crop Development,
Macmillan Publishing Co.; N. F. Jensen, 1988, Plant Breeding Methodology,
John Wiley & Sons).

[0023] Proper testing should detect any major faults and establish the
level of superiority or improvement over current cultivars. In addition
to showing superior performance, there must be a demand for a new
cultivar that is compatible with industry standards or which creates a
new market. The introduction of a new cultivar will incur additional
costs to the seed producer, the grower, processor and consumer for
special advertising and marketing, altered seed and commercial production
practices, and new product utilization. The testing preceding release of
a new cultivar should take into consideration research and development
costs as well as technical superiority of the final cultivar. For
seed-propagated cultivars, it must be feasible to produce seed easily and
economically.

[0024] Garden bean, Phaseolus vulgaris L., is an important and valuable
vegetable crop. Thus, a continuing goal of garden bean plant breeders is
to develop stable, high yielding garden bean cultivars that are
agronomically sound. The reasons for this goal are obviously to maximize
the amount of yield produced on the land. To accomplish this goal, the
garden bean breeder must select and develop garden bean plants that have
traits that result in superior cultivars.

[0025] The foregoing examples of the related art and limitations related
therewith are intended to be illustrative and not exclusive. Other
limitations of the related art will become apparent to those of skill in
the art upon a reading of the specification.

SUMMARY OF THE INVENTION

[0026] The following embodiments and aspects thereof are described in
conjunction with systems, tools and methods which are meant to be
exemplary, not limiting in scope. In various embodiments, one or more of
the above-described problems have been reduced or eliminated, while other
embodiments are directed to other improvements.

[0027] According to the invention, there is provided a novel garden bean
cultivar designated H28122. This invention thus relates to the seeds of
garden bean cultivar H28122, to the plants or part(s) thereof of garden
bean cultivar H28122, to plants or part(s) thereof consisting essentially
of the phenotypic and morphological characteristics of garden bean
cultivar H28122, and/or having all the phenotypic and morphological
characteristics of garden bean cultivar H28122, and/or having the
phenotypic and morphological characteristics of garden bean cultivar
H28122 listed in Table 1, including but not limited to as determined at
the 5% significance level when grown in the same environmental
conditions. The invention also relates to variants, mutants and trivial
modifications of the seed or plant of garden bean cultivar H28122. Plant
parts of the garden bean cultivar of the present invention are also
provided such as, i.e., pollen obtained from the plant cultivar and an
ovule obtained from the plant cultivar.

[0028] The plants and seeds of the present invention include those that
may be of an essentially derived variety as defined in section 41(3) of
the Plant Variety Protection Act, i.e., a variety that:

[0029] (i) is predominantly derived from garden bean cultivar H28122 or
from a variety that is predominantly derived from garden bean cultivar
H28122, while retaining the expression of the essential characteristics
that result from the genotype or combination of genotypes of garden bean
cultivar H28122;

[0031] (iii) except for differences that result from the act of
derivation, conforms to the initial variety in the expression of the
essential characteristics that result from the genotype or combination of
genotypes of the initial variety.

[0032] In another aspect, the present invention provides regenerable cells
for use in tissue culture of bean cultivar H28122. The tissue culture
will preferably be capable of regenerating consisting essentially of the
phenotypic and morphological characteristics of garden bean cultivar
H28122, and/or having all the phenotypic and morphological
characteristics of garden bean cultivar H28122, and/or plants having the
physiological and morphological characteristics of bean cultivar H28122.
Preferably, the cells of such tissue culture will be embryos,
meristematic cells, seeds, callus, pollen, leaves, anthers, pistils,
roots, root tips, pods, flowers and stems. Protoplasts produced from such
tissue culture are also included in the present invention. The bean
shoots, roots and whole plants regenerated from the tissue culture are
also part of the invention.

[0033] Also included in the invention are methods for producing a bean
plant produced by crossing bean cultivar H28122 with itself or another
bean cultivar. When crossed with itself, i.e., when crossed with another
bean cultivar H28122 plant or self-pollinated, bean cultivar H28122 will
be conserved (e.g., as an inbred). When crossed with another, different
bean plant, an F1 hybrid seed is produced. F1 hybrid seeds and
plants produced by growing said hybrid seeds are included in the present
invention. A method for producing an F1 hybrid bean seed comprising
crossing a bean cultivar H28122 plant with a different bean plant and
harvesting the resultant hybrid bean seed are also part of the invention.
The hybrid bean seed produced by the method comprising crossing a bean
cultivar H28122 plant with a different bean plant and harvesting the
resultant hybrid bean seed, are included in the invention, as are the
hybrid bean plant or part(s) thereof, and seeds produced by growing said
hybrid bean seed.

[0034] In another aspect, the present invention provides transformed
H28122 bean cultivar plants or part(s) thereof that have been transformed
so that its genetic material contains one or more transgenes, preferably
operably linked to one or more regulatory elements. Also, the invention
provides methods for producing a bean plant containing in its genetic
material one or more transgenes, preferably operably linked to one or
more regulatory elements, by crossing transformed H28122 bean cultivar
plants with either a second plant of another bean cultivar, or a
non-transformed H28122 bean cultivar, so that the genetic material of the
progeny that results from the cross contains the transgene(s), preferably
operably linked to one or more regulatory elements. The invention also
provides methods for producing a bean plant that contains in its genetic
material one or more transgene(s), wherein the method comprises crossing
the cultivar H28122 with a second bean cultivar of another bean cultivar
which contains one or more transgene(s) operably linked to one or more
regulatory element(s) so that the genetic material of the progeny that
results from the cross contains the transgene(s) operably linked to one
or more regulatory element(s). Transgenic bean cultivars, or part(s)
thereof produced by the methods are in the scope of the present
invention.

[0035] More specifically, the invention comprises methods for producing a
male sterile bean plant, an herbicide resistant bean plant, an insect
resistant bean plant, a disease resistant bean plant, a water stress
tolerant bean plant, a heat stress tolerant bean plant, and a bean plant
with improved shelf-life. Said methods comprise transforming a bean
cultivar H28122 plant with a nucleic acid molecule that confers, for
example, male sterility, herbicide resistance, insect resistance, disease
resistance, water stress tolerance, heat stress tolerance, or improved
shelf life, respectively. The transformed bean plants, or part(s)
thereof, obtained from the provided methods, including, for example, a
male sterile bean plant, an herbicide resistant bean plant, an insect
resistant bean plant, a disease resistant bean plant, a bean plant
tolerant to water stress, a bean plant tolerant to heat stress or a bean
plant with improved shelf-life are included in the present invention. For
the present invention and the skilled artisan, disease is understood to
be fungal diseases, viral diseases, bacterial diseases or other plant
pathogenic diseases and a disease resistant plant will encompass a plant
resistant to fungal, viral, bacterial and other plant pathogens.

[0036] In another aspect, the present invention provides for methods of
introducing one or more desired trait(s) into bean cultivar H28122 and
plants obtained from such methods. The desired trait(s) may be, but not
exclusively, a single gene, preferably a dominant but also a recessive
allele. Preferably, the transferred gene or genes will confer such traits
as male sterility, herbicide resistance, insect resistance, resistance to
bacterial, fungal, or viral disease, increased leaf number, improved
shelf-life, and tolerance to water stress or heat stress. The gene or
genes may be naturally occurring gene(s) or transgene(s) introduced
through genetic engineering techniques. The method for introducing the
desired trait(s) is preferably a backcrossing process making use of a
series of backcrosses to bean cultivar H28122 during which the desired
trait(s) is maintained by selection.

[0037] When using a transgene, the trait is generally not incorporated
into each newly developed line/cultivar such as bean cultivar H28122 by
direct transformation. Rather, the more typical method used by breeders
of ordinary skill in the art to incorporate the transgene is to take a
line already carrying the transgene and to use such line as a donor line
to transfer the transgene into the newly developed line. The same would
apply for a naturally occurring trait or one arising from spontaneous or
induced mutations. The backcross breeding process comprises the following
steps: (a) crossing bean cultivar H28122 plants with plants of another
cultivar that comprise the desired trait(s); (b) selecting the F1
progeny plants that have the desired trait(s); (c) crossing the selected
F1 progeny plants with bean cultivar H28122 plants to produce
backcross progeny plants; (d) selecting for backcross progeny plants that
have the desired trait(s) and physiological and morphological
characteristics of bean cultivar H28122 to produce selected backcross
progeny plants; and (e) repeating steps (c) and (d) one, two, three,
four, five six, seven, eight, nine, or more times in succession to
produce selected, second, third, fourth, fifth, sixth, seventh, eighth,
ninth, or higher backcross progeny plants that consist essentially of the
phenotypic and morphological characteristics of garden bean cultivar
H28122, and/or have all the phenotypic and morphological characteristics
of garden bean cultivar H28122, and/or have the desired trait(s) and the
physiological and morphological characteristics of bean cultivar H28122
as determined in Table 1, including but not limited to, at a 5%
significance level when grown in the same environmental conditions. The
bean plants produced by the methods are also part of the invention.
Backcrossing breeding methods, well-known for one skilled in the art of
plant breeding, will be further developed in subsequent parts of the
specification.

[0038] In a preferred embodiment, the present invention provides methods
for increasing and producing bean cultivar H28122 seed, whether by
crossing a first parent bean cultivar plant with a second parent bean
cultivar plant and harvesting the resultant bean seed, wherein both said
first and second parent bean cultivar plant are the bean cultivar H28122
or by planting a bean seed of the bean cultivar H28122, growing a bean
cultivar H28122 plant from said seed, controlling a self pollination of
the plant where the pollen produced by a grown bean cultivar H28122 plant
pollinates the ovules produced by the very same bean cultivar H28122
grown plant, and harvesting the resultant seed.

[0040] In addition to the exemplary aspects and embodiments described
above, further aspects and embodiments will become apparent by study of
the following descriptions.

DEFINITIONS

[0041] In the description and tables that follow, a number of terms are
used. In order to provide a clear and consistent understanding of the
specification and claims, including the scope to be given such terms, the
following definitions are provided:

[0042] Allele. An allele is any of one or more alternative forms of a gene
which relate to one trait or characteristic. In a diploid cell or
organism, the two alleles of a given gene occupy corresponding loci on a
pair of homologous chromosomes.

[0043] Backcrossing. Backcrossing is a process in which a breeder
repeatedly crosses hybrid progeny back to one of the parents, for
example, a first generation hybrid F1 with one of the parental
genotypes of the F1 hybrid.

[0044] Bean yield (tons/acre). The yield in tons/acre is the actual yield
of the bean pods at harvest.

[0045] Determinate plant. A determinate plant will grow to a fixed number
of nodes while an indeterminate plant continues to grow during the
season.

[0046] Emergence. The rate that the seed germinates and sprouts out of the
ground.

[0047] Essentially all the physiological and morphological
characteristics. A plant having essentially all the physiological and
morphological characteristics means a plant having the physiological and
morphological characteristics, except for the characteristics derived
from the converted gene.

[0048] Field holding ability. A bean plant that has field holding ability
means a plant having pods that remain smooth and retain their color even
after the seed is almost fully developed.

[0049] Immunity to disease(s) and or insect(s). A bean plant which is not
subject to attack or infection by specific disease(s) and or insect(s) is
considered immune.

[0050] Intermediate resistance to disease(s) and or insect(s). A bean
plant that restricts the growth and development of specific disease(s)
and or insect(s), but may exhibit a greater range of symptoms or damage
compared to resistant plants. Intermediate resistant plants will usually
show less severe symptoms or damage than susceptible plant varieties when
grown under similar environmental conditions and/or specific disease(s)
and or insect(s) pressure, but may have heavy damage under heavy
pressure. Intermediate resistant bean plants are not immune to the
disease(s) and or insect(s).

[0051] Machine harvestable bush. A machine harvestable bush means a bean
plant that stands with pods off the ground. The pods can be removed by a
machine from the plant without leaves and other plant parts.

[0052] Maturity. A maturity under 53 days is considered early while
maturity between 54-59 days is considered average or medium and maturity
of 60 or more days would be late.

[0053] Maturity date. Plants are considered mature when the pods have
reached their maximum allowable seed size and sieve size for the specific
use intended. This can vary for each end user, e.g., processing at
different stages of maturity would be required for different types of
consumer beans, such as "whole pack," "cut," or "french style." The
number of days are calculated from a relative planting date which depends
on day length, heat units, and other environmental factors.

[0054] Plant adaptability. A plant having good plant adaptability means a
plant that will perform well in different growing conditions and seasons.

[0055] Plant architecture. Plant architecture is the shape of the overall
plant which can be tall-narrow, short-wide, medium height, and/or medium
width.

[0056] Plant cell. As used herein, the term "plant cell" includes plant
cells whether isolated, in tissue culture, or incorporated in a plant or
plant part.

[0057] Plant habit. A plant can be erect (upright) to sprawling on the
ground.

[0058] Plant height. Plant height is taken from the top of the soil to the
top node of the plant and is measured in centimeters or inches.

[0059] Plant part. As used herein, the term "plant part" includes any part
of the plant including but not limited to leaves, stems, roots, seed,
embryos, pollen, ovules, flowers, root tips, anthers, tissue, cells,
pods, and the like.

[0060] Pod set height. The pod set height is the location of the pods
within the plant. The pods can be high (near the top), low (near the
bottom), or medium (in the middle) of the plant.

[0061] Regeneration. Regeneration refers to the development of a plant
from tissue culture.

[0062] Resistance to disease(s) and or insect(s). A bean plant that
restricts the growth and development of specific disease(s) and or
insect(s) under normal disease(s) and or insect(s) attack pressure when
compared to susceptible plants. These bean plants can exhibit some
symptoms or damage under heavy disease(s) and or insect(s) pressure.
Resistant bean plants are not immune to the disease(s) and or insect(s).

[0063] RHS. RHS refers to the Royal Horticultural Society of England which
publishes an official botanical color chart quantitatively identifying
colors according to a defined numbering system. The chart may be
purchased from Royal Hort. Society Enterprise Ltd. RHS Garden; Wisley,
Woking, Surrey GU236QB, UK.

[0064] Sieve size (sv). Sieve size 1 means pods that fall through a sieve
grader which culls out pod diameters of 4.76 mm through 5.76 mm. Sieve
size 2 means pods that fall through a sieve grader which culls out pod
diameters of 5.76 mm through 7.34 mm. Sieve size 3 means pods that fall
through a sieve grader which culls out pod diameters of 7.34 mm through
8.34 mm. Sieve size 4 means pods that fall through a sieve grader which
culls out pod diameters of 8.34 mm through 9.53 mm. Sieve size 5 means
pods that fall through a sieve grader which culls out pod diameters of
9.53 mm through 10.72 mm. Sieve size 6 means pods that fall through a
sieve grader that will cull out pod diameters of 10.72 mm or larger.

[0065] Single gene converted (conversion). Single gene converted
(conversion) plants refers to plants which are developed by a plant
breeding technique called backcrossing wherein essentially all of the
desired morphological and physiological characteristics of a variety are
recovered in addition to the single gene transferred into the variety via
the backcrossing technique or via genetic engineering.

[0066] Slow seed development. Beans having slow seed development develop
seed slowly even after the pods are full sized. This characteristic gives
to the cultivar its field holding ability.

[0067] Susceptible to disease(s) and or insect(s). A bean plant that is
susceptible to disease(s) and or insect(s) is defined as a bean plant
that has the inability to restrict the growth and development of specific
disease(s) and or insect(s). Plants that are susceptible will show damage
when infected and are more likely to have heavy damage under moderate
levels of specific disease(s) and or insect(s).

DETAILED DESCRIPTION OF THE INVENTION

[0068] Garden bean cultivar H28122 has superior characteristics and was
developed from an initial cross that was made in Sun Prairie, Wis., in a
greenhouse, in the fall. In the first year of development, the cross was
made between two proprietary lines under stake numbers W8654 (female) and
W8663 (male), the F1 generation was harvested in April in the
greenhouse located in Sun Prairie, Wis., in plot W4092-6, and the F2
selection was made in July near Coloma, Wis., in plot H407479. In the
second year, the F3 selection was made in February, near Los Mochis,
Mexico, in plot M51448 and the F4 selection was made in July near
Coloma, Wis., in plot HSO4171. In the third year, the F5 selection
was made in February near Los Mochis, Mexico, in plot M60399 and the
F6 selection was made in July near Coloma, Wis., in plot H605424. In
the fourth year, the F7 generation was bulked in February near Los
Mochis, Mexico, in plot M72643 and the F8 generation was bulk
harvested in August in Salinas, Calif., in plot C707394. In the fifth
year, the F9 generation was bulked in February, near Los Mochis,
Mexico, in plot M84501-596. The line was subsequently designated H28122.

[0069] Garden bean cultivar H28122 is similar to garden bean cultivar
`Sahara`. While similar to garden bean cultivar `Sahara`, there are
significant differences including garden bean cultivar H28122 has
Resistant to Xanthomonas campestris pv. Phaseoli (Common blight): while
garden bean cultivar `Sahara` is susceptible. In addition, the pods of
H28122 are longer and straighter than the pods of `Sahara`.

[0070] Garden bean cultivar H28122 is a 55-day medium maturity bean with
uniform dark green pods on an upright plant structure (habit). The pods
are very straight and smooth and are borne in the upper one-half of the
plant. The majority of the pods are in the 4 sieve range. The leaves are
medium in size with a medium-dark green, semi-glossy color. Garden bean
cultivar H28122 is a determinate plant and is resistant to Bean Common
Mosaic Virus (BCMV I-gene), Beet Curly Top Virus (BCTV), Xanthomonas
campestris pv. Phaseoli (Common blight), Pseudomonas savastanoi pv
phaseolicola (halo blight), and Psuedomonas syringae pv syringae
(Bacterial brown spot).

[0071] Some of the selection criteria used for various generations
include: pod appearance and length, bean yield, pod set height,
emergence, maturity, plant architecture, habit and height, seed yield,
and quality and disease resistance.

[0072] Bean Common Mosaic Virus resistance is a desired trait for a bean
variety. The disease occurs worldwide causing low quality of the harvest
product and losses from 80% to 100% by reduction of yield. It is mostly
transmitted by aphids during the growing season, but can also be spread
by pollen or mechanically. The leaves develop mosaic patterns in which
irregular light and dark green patches are intermixed. Malformation and
yellow dots may also be produced, often causing growth reduction. The
plant may be dwarfed and pod and seed yield reduced. Severe necrosis may
occur and the plant may die if infected while young. Systemic necrosis,
in which the roots and shoots become blackened, appears in cultivars
having a dominant resistance gene (hypersensitive resistance mechanism).
The systemic necrosis may spread to higher leaves without killing them or
may be concentrated in the vascular parts of the stem, eventually leading
to the death of all or part of the plant. When infection occurs late in
plant development, parts of the plant may die and many pods may show
brown discoloration in the pod wall and pod suture as a result of
vascular necrosis.

[0073] Garden bean cultivar H28122 has shown uniformity and stability for
the traits, as described in the following Variety Description
Information. It has been self-pollinated a sufficient number of
generations with careful attention to uniformity of plant type. The
cultivar has been increased with continued observation for uniformity. No
variant traits have been observed or are expected for agronomically
important traits in garden bean cultivar H28122.

[0074] Garden bean cultivar H28122 has the following morphologic and other
characteristics (based primarily on data collected at Arlington, Coloma,
and Sun Prairie, Wis.).

[0075] This invention also is directed to methods for producing a garden
plant by crossing a first parent bean plant with a second parent bean
plant wherein either the first or second parent bean plant is a bean
plant of the line H28122. Further, both first and second parent bean
plants can come from cultivar H28122. When self pollinated, or crossed
with another bean cultivar H28122 plant, the bean cultivar H28122 will be
stable, while when crossed with another, different bean cultivar plant,
an F1 hybrid seed is produced. Such methods of hybridization and
self-pollination of the common bean are well known to those skilled in
the art of bean breeding. See, for example, F. A. Bliss, 1980, Common
Bean, In Hybridization of Crop Plants, Fehr and Hadley, eds., Chapter 17:
273-284, American Society of Agronomy and Crop Science Society of
America, Publishers.

[0076] Still further, this invention also is directed to methods for
producing an H28122-derived bean plant by crossing cultivar H28122 with a
second bean plant and growing the progeny seed, and repeating the
crossing and growing steps with the cultivar H28122-derived plant from 0
to 7 times. Thus, any such methods using the cultivar H28122 are part of
this invention: selfing, backcrosses, hybrid production, crosses to
populations, and the like. All plants produced using cultivar H28122 as a
parent are within the scope of this invention, including plants derived
from cultivar H28122. Advantageously, the cultivar is used in crosses
with other, different, cultivars to produce first generation (F1)
bean seeds and plants with superior characteristics.

[0077] As used herein, the term "plant" includes plant cells, plant
protoplasts, plant cell tissue cultures from which garden bean plants can
be regenerated, plant calli, plant clumps and plant cells that are intact
in plants or parts of plants, such as embryos, pollen, ovules, flowers,
seeds, pods, stems, roots, anthers, pistils, root tips, leaves, and the
like.

[0079] As used herein, the term "tissue culture" indicates a composition
comprising isolated cells of the same or a different type or a collection
of such cells organized into parts of a plant. Exemplary types of tissue
cultures are protoplasts, calli, plant clumps, and plant cells that can
generate tissue culture that are intact in plants or parts of plants,
such as embryos, pollen, flowers, seeds, pods, leaves, stems, roots, root
tips, anthers, pistils and the like. Means for preparing and maintaining
plant tissue culture are well known in the art. By way of example, a
tissue culture comprising organs has been used to produce regenerated
plants. U.S. Pat. Nos. 5,959,185, 5,973,234, and 5,977,445 describe
certain techniques, the disclosures of which are incorporated herein by
reference.

[0080] With the advent of molecular biological techniques that have
allowed the isolation and characterization of genes that encode specific
protein products, scientists in the field of plant biology developed a
strong interest in engineering the genome of plants to contain and
express foreign genes, or additional, or modified versions of native, or
endogenous, genes (perhaps driven by different promoters) in order to
alter the traits of a plant in a specific manner. Such foreign additional
and/or modified genes are referred to herein collectively as
"transgenes." Over the last fifteen to twenty years several methods for
producing transgenic plants have been developed and the present
invention, in particular embodiments, also relates to transformed
versions of the claimed variety or line.

[0081] Plant transformation involves the construction of an expression
vector which will function in plant cells. Such a vector comprises DNA
comprising a gene under control of, or operatively linked to, a
regulatory element (for example, a promoter). The expression vector may
contain one or more such operably linked gene/regulatory element
combinations. The vector(s) may be in the form of a plasmid and can be
used alone or in combination with other plasmids to provide transformed
garden bean plants using transformation methods as described below to
incorporate transgenes into the genetic material of the garden bean
plant(s).

Expression Vectors for Garden Bean Transformation: Marker Genes

[0082] Expression vectors include at least one genetic marker operably
linked to a regulatory element (a promoter, for example) that allows
transformed cells containing the marker to be either recovered by
negative selection, i.e., inhibiting growth of cells that do not contain
the selectable marker gene, or by positive selection, i.e., screening for
the product encoded by the genetic marker. Many commonly used selectable
marker genes for plant transformation are well known in the
transformation arts, and include, for example, genes that code for
enzymes that metabolically detoxify a selective chemical agent which may
be an antibiotic or an herbicide, or genes that encode an altered target
which is insensitive to the inhibitor. A few positive selection methods
are also known in the art.

[0086] Another class of marker genes for plant transformation requires
screening of presumptively transformed plant cells rather than direct
genetic selection of transformed cells for resistance to a toxic
substance such as an antibiotic. These genes are particularly useful to
quantify or visualize the spatial pattern of expression of a gene in
specific tissues and are frequently referred to as reporter genes because
they can be fused to a gene or gene regulatory sequence for the
investigation of gene expression. Commonly used genes for screening
presumptively transformed cells include β-glucuronidase (GUS),
β-galactosidase, luciferase, and chloramphenicol acetyltransferase
(Jefferson, R. A., Plant Mol. Biol. Rep., 5:387 (1987); Teeri, et al.,
EMBO J., 8:343 (1989); Koncz, et al., Proc. Natl. Acad. Sci. USA, 84:131
(1987); DeBlock, et al., EMBO J., 3:1681 (1984)).

[0087] In vivo methods for visualizing GUS activity that do not require
destruction of plant tissue are available. However, these in vivo methods
for visualizing GUS activity have not proven useful for recovery of
transformed cells because of low sensitivity, high fluorescent
backgrounds and limitations associated with the use of luciferase genes
as selectable markers.

[0088] A gene encoding Green Fluorescent Protein (GFP) has been utilized
as a marker for gene expression in prokaryotic and eukaryotic cells
(Chalfie, et al., Science, 263:802 (1994)). GFP and mutants of GFP may be
used as screenable markers.

Expression Vectors for Garden Bean Transformation: Promoters

[0089] Genes included in expression vectors must be driven by a nucleotide
sequence comprising a regulatory element, for example, a promoter.
Several types of promoters are well known in the transformation arts as
are other regulatory elements that can be used alone or in combination
with promoters.

[0090] As used herein, "promoter" includes reference to a region of DNA
upstream from the start of transcription and involved in recognition and
binding of RNA polymerase and other proteins to initiate transcription. A
"plant promoter" is a promoter capable of initiating transcription in
plant cells. Examples of promoters under developmental control include
promoters that preferentially initiate transcription in certain tissues,
such as leaves, roots, seeds, fibers, xylem vessels, tracheids, or
sclerenchyma. Such promoters are referred to as "tissue-preferred."
Promoters that initiate transcription only in a certain tissue are
referred to as "tissue-specific." A "cell-type" specific promoter
primarily drives expression in certain cell types in one or more organs,
for example, vascular cells in roots or leaves. An "inducible" promoter
is a promoter which is under environmental control. Examples of
environmental conditions that may effect transcription by inducible
promoters include anaerobic conditions or the presence of light.
Tissue-specific, tissue-preferred, cell-type specific, and inducible
promoters constitute the class of "non-constitutive" promoters. A
"constitutive" promoter is a promoter that is active under most
environmental conditions.

[0091] A. Inducible Promoters--An inducible promoter is operably linked to
a gene for expression in garden bean. Optionally, the inducible promoter
is operably linked to a nucleotide sequence encoding a signal sequence
which is operably linked to a gene for expression in garden bean. With an
inducible promoter the rate of transcription increases in response to an
inducing agent.

[0092] Any inducible promoter can be used in the instant invention. See,
Ward, et al., Plant Mol. Biol., 22:361-366 (1993). Exemplary inducible
promoters include, but are not limited to, that from the ACEI system
which responds to copper (Mett, et al., Proc. Natl. Acad. Sci. USA,
90:4567-4571 (1993)); In2 gene from maize which responds to
benzenesulfonamide herbicide safeners (Gatz, et al., Mol. Gen. Genetics,
243:32-38 (1994)), or Tet repressor from Tn10 (Gatz, et al., Mol. Gen.
Genetics, 227:229-237 (1991)). A particularly preferred inducible
promoter is a promoter that responds to an inducing agent to which plants
do not normally respond. An exemplary inducible promoter is the inducible
promoter from a steroid hormone gene, the transcriptional activity of
which is induced by a glucocorticosteroid hormone (Schena, et al., Proc.
Natl. Acad. Sci. USA, 88:0421 (1991)).

[0093] B. Constitutive Promoters--A constitutive promoter is operably
linked to a gene for expression in garden bean or the constitutive
promoter is operably linked to a nucleotide sequence encoding a signal
sequence which is operably linked to a gene for expression in garden
bean.

[0095] C. Tissue-specific or Tissue-preferred Promoters--A tissue-specific
promoter is operably linked to a gene for expression in garden bean.
Optionally, the tissue-specific promoter is operably linked to a
nucleotide sequence encoding a signal sequence which is operably linked
to a gene for expression in garden bean. Plants transformed with a gene
of interest operably linked to a tissue-specific promoter produce the
protein product of the transgene exclusively, or preferentially, in a
specific tissue.

[0096] Any tissue-specific or tissue-preferred promoter can be utilized in
the instant invention. Exemplary tissue-specific or tissue-preferred
promoters include, but are not limited to, a root-preferred promoter such
as that from the phaseolin gene (Murai, et al., Science, 23:476-482
(1983) and Sengupta-Gopalan, et al., Proc. Natl. Acad. Sci. USA
82:3320-3324 (1985)); a leaf-specific and light-induced promoter such as
that from cab or rubisco (Simpson, et al., EMBO J., 4(11):2723-2729
(1985) and Timko, et al., Nature, 318:579-582 (1985)); an anther-specific
promoter such as that from LAT52 (Twell, et al., Mol. Gen. Genetics,
217:240-245 (1989)); a pollen-specific promoter such as that from Zm13 or
a microspore-preferred promoter such as that from apg (Twell, et al.,
Sex. Plant Reprod., 6:217-224 (1993)).

Signal Sequences for Targeting Proteins to Subcellular Compartments

[0097] Transport of protein produced by transgenes to a subcellular
compartment such as the chloroplast, vacuole, peroxisome, glyoxysome,
cell wall, or mitochondrion or for secretion into the apoplast, is
accomplished by means of operably linking the nucleotide sequence
encoding a signal sequence to the 5' and/or 3' region of a gene encoding
the protein of interest. Targeting sequences at the 5' and/or 3' end of
the structural gene may determine during protein synthesis and processing
where the encoded protein is ultimately compartmentalized.

[0099] With transgenic plants according to the present invention, a
foreign protein can be produced in commercial quantities. Thus,
techniques for the selection and propagation of transformed plants, which
are well understood in the art, yield a plurality of transgenic plants
which are harvested in a conventional manner, and a foreign protein then
can be extracted from a tissue of interest or from total biomass. Protein
extraction from plant biomass can be accomplished by known methods which
are discussed, for example, by Heney and Orr, Anal. Biochem., 114:92-6
(1981).

[0100] According to a preferred embodiment, the transgenic plant provided
for commercial production of foreign protein is a garden bean plant. In
another preferred embodiment, the biomass of interest is seed. For the
relatively small number of transgenic plants that show higher levels of
expression, a genetic map can be generated, primarily via conventional
RFLP, PCR and SSR analysis, which identifies the approximate chromosomal
location of the integrated DNA molecule. For exemplary methodologies in
this regard, see Methods in Plant Molecular Biology and Biotechnology,
Glick and Thompson Eds., CRC Press, Inc., Boca Raton, 269:284 (1993). Map
information concerning chromosomal location is useful for proprietary
protection of a subject transgenic plant. If unauthorized propagation is
undertaken and crosses made with other germplasm, the map of the
integration region can be compared to similar maps for suspect plants, to
determine if the latter have a common parentage with the subject plant.
Map comparisons would involve hybridizations, RFLP, PCR, SSR, and
sequencing, all of which are conventional techniques.

[0101] Likewise, by means of the present invention, agronomic genes can be
expressed in transformed plants. More particularly, plants can be
genetically engineered to express various phenotypes of agronomic
interest. Exemplary genes implicated in this regard include, but are not
limited to, those categorized below:

1. Genes that Confer Resistance to Pests or Disease and that Encode:

[0102] A. Plant disease resistance genes. Plant defenses are often
activated by specific interaction between the product of a disease
resistance gene (R) in the plant and the product of a corresponding
avirulence (Avr) gene in the pathogen. A plant variety can be transformed
with one or more cloned resistance genes to engineer plants that are
resistant to specific pathogen strains. See, for example, Jones, et al.,
Science, 266:789 (1994) (cloning of the tomato Cf-9 gene for resistance
to Cladosporium fulvum); Martin, et al., Science, 262:1432 (1993) (tomato
Pto gene for resistance to Pseudomonas syringae pv. tomato encodes a
protein kinase); Mindrinos, et al., Cell, 78:1089 (1994) (Arabidopsis
RSP2 gene for resistance to Pseudomonas syringae).

[0107] F. An insect-specific hormone or pheromone such as an ecdysteroid
or juvenile hormone, a variant thereof, a mimetic based thereon, or an
antagonist or agonist thereof. See, for example, the disclosure by
Hammock, et al., Nature, 344:458 (1990), of baculovirus expression of
cloned juvenile hormone esterase, an inactivator of juvenile hormone.

[0109] H. An insect-specific venom produced in nature by a snake, a wasp,
etc. For example, see Pang, et al., Gene, 116:165 (1992), for disclosure
of heterologous expression in plants of a gene coding for a scorpion
insectotoxic peptide.

[0110] I. An enzyme responsible for a hyperaccumulation of a monoterpene,
a sesquiterpene, a steroid, hydroxamic acid, a phenylpropanoid derivative
or another non-protein molecule with insecticidal activity.

[0111] J. An enzyme involved in the modification, including the
post-translational modification, of a biologically active molecule, for
example, a glycolytic enzyme, a proteolytic enzyme, a lipolytic enzyme, a
nuclease, a cyclase, a transaminase, an esterase, a hydrolase, a
phosphatase, a kinase, a phosphorylase, a polymerase, an elastase, a
chitinase, and a glucanase, whether natural or synthetic. See, PCT
Application WO 93/02197 (Scott, et al.), which discloses the nucleotide
sequence of a callase gene. DNA molecules which contain
chitinase-encoding sequences can be obtained, for example, from the ATCC
under Accession Nos. 39637 and 67152. See also, Kramer, et al., Insect
Biochem. Molec. Biol., 23:691 (1993), who teach the nucleotide sequence
of a cDNA encoding tobacco hornworm chitinase, and Kawalleck, et al.,
Plant Molec. Biol., 21:673 (1993), who provide the nucleotide sequence of
the parsley ubi4-2 polyubiquitin gene.

[0116] O. An insect-specific antibody or an immunotoxin derived therefrom.
Thus, an antibody targeted to a critical metabolic function in the insect
gut would inactivate an affected enzyme, killing the insect.

[0119] R. A developmental-arrestive protein produced in nature by a plant.
For example, Logemann, et al., Bio/Technology, 10:305 (1992), have shown
that transgenic plants expressing the barley ribosome-inactivating gene
have an increased resistance to fungal disease.

[0122] A. An herbicide that inhibits the growing point or meristem, such
as an imidazolinone or a sulfonylurea. Exemplary genes in this category
code for mutant ALS and AHAS enzyme as described, for example, by Lee, et
al., EMBO J., 7:1241 (1988), and Miki, et al., Theor. Appl. Genet.,
80:449 (1990), respectively.

[0123] B. Glyphosate (resistance conferred by mutant
5-enolpyruvlshikimate-3-phosphate synthase (EPSPS) and aroA genes,
respectively) and other phosphono compounds such as glufosinate
(phosphinothricin acetyl transferase (PAT) and Streptomyces hygroscopicus
PAT bar genes), and pyridinoxy or phenoxy proprionic acids and
cyclohexones (ACCase inhibitor-encoding genes). See, for example, U.S.
Pat. No. 4,940,835 to Shah, et al., which discloses the nucleotide
sequence of a form of EPSPS which can confer glyphosate resistance. A DNA
molecule encoding a mutant aroA gene can be obtained under ATCC Accession
No. 39256, and the nucleotide sequence of the mutant gene is disclosed in
U.S. Pat. No. 4,769,061 to Comai. European Patent Application No. 0 333
033 to Kumada, et al., and U.S. Pat. No. 4,975,374 to Goodman, et al.,
disclose nucleotide sequences of glutamine synthetase genes which confer
resistance to herbicides such as L-phosphinothricin. See also, Russel, D.
R., et al., Plant Cell Report, 12:3 165-169 (1993). The nucleotide
sequence of a phosphinothricin-acetyl-transferase (PAT) gene is provided
in European Application No. 0 242 246 to Leemans, et al. DeGreef, et al.,
Bio/Technology, 7:61 (1989) describe the production of transgenic plants
that express chimeric bar genes coding for phosphinothricin acetyl
transferase activity. Exemplary of genes conferring resistance to phenoxy
proprionic acids and cyclohexones, such as sethoxydim and haloxyfop, are
the Acc1-S1, Acc1-S2, and Acc2-S3 genes described by Marshall, et al.,
Theor. Appl. Genet., 83:435 (1992).

[0124] C. An herbicide that inhibits photosynthesis, such as a triazine
(psbA and gs+ genes) and a benzonitrile (nitrilase gene). Przibila, et
al., Plant Cell, 3:169 (1991), describe the transformation of
Chlamydomonas with plasmids encoding mutant psbA genes. Nucleotide
sequences for nitrilase genes are disclosed in U.S. Pat. No. 4,810,648 to
Stalker and DNA molecules containing these genes are available under ATCC
Accession Nos. 53435, 67441, and 67442. Cloning and expression of DNA
coding for a glutathione S-transferase is described by Hayes, et al.,
Biochem. J., 285:173 (1992).

[0126] E. Protoporphyrinogen oxidase (protox) is necessary for the
production of chlorophyll, which is necessary for all plant survival. The
protox enzyme serves as the target for a variety of herbicidal compounds.
These herbicides also inhibit growth of all the different species of
plants present, causing their total destruction. The development of
plants containing altered protox activity which are resistant to these
herbicides are described in U.S. Pat. Nos. 6,288,306, 6,282,837,
5,767,373, and International Publication WO 01/12825.

[0128] B. Increased the bean content in Methionine by introducing a
transgene coding for a Methionine rich storage albumin (2S-albumin) from
the Brazil nut as described in Arago, et al., Genetics and Molecular
Biology., 22:3, 445-449 (1999).

[0133] Following transformation of garden bean target tissues, expression
of the above-described selectable marker genes allows for preferential
selection of transformed cells, tissues and/or plants, using regeneration
and selection methods well known in the art.

[0134] The foregoing methods for transformation would typically be used
for producing a transgenic variety. The transgenic variety could then be
crossed with another (non-transformed or transformed) variety in order to
produce a new transgenic variety. Alternatively, a genetic trait that has
been engineered into a particular garden bean line using the foregoing
transformation techniques could be moved into another line using
traditional backcrossing techniques that are well known in the plant
breeding arts. For example, a backcrossing approach could be used to move
an engineered trait from a public, non-elite variety into an elite
variety, or from a variety containing a foreign gene in its genome into a
variety or varieties that do not contain that gene. As used herein,
"crossing" can refer to a simple X by Y cross or the process of
backcrossing depending on the context.

Backcrossing

[0135] When the term garden bean plant, cultivar or bean line are used in
the context of the present invention, this also includes cultivars where
one or more desired traits has been introduced through backcrossing
methods, whether such trait is a naturally occurring one or a transgenic
one. Backcrossing methods can be used with the present invention to
improve or introduce a characteristic into the line. The term
"backcrossing" as used herein refers to the repeated crossing of a hybrid
progeny back to the recurrent parent, i.e., backcrossing one, two, three,
four, five, six, seven, eight, nine, or more times to the recurrent
parent. The parental bean plant which contributes the gene for the
desired characteristic is termed the nonrecurrent or donor parent. This
terminology refers to the fact that the nonrecurrent parent is used one
time in the backcross protocol and therefore does not recur. The parental
bean plant to which the gene or genes from the nonrecurrent parent are
transferred is known as the recurrent parent as it is used for several
rounds in the backcrossing protocol.

[0136] In a typical backcross protocol, the original cultivar of interest
(recurrent parent) is crossed to a second line (nonrecurrent parent) that
carries the gene or genes of interest to be transferred. The resulting
progeny from this cross are then crossed again to the recurrent parent
and the process is repeated until a garden bean plant is obtained wherein
essentially all of the desired morphological and physiological
characteristics of the recurrent parent are recovered in the converted
plant, generally determined at a 5% significance level when grown in the
same environmental condition, in addition to the gene or genes
transferred from the nonrecurrent parent. It has to be noted that some,
one, two, three, or more, self-pollination and growing of population
might be included between two successive backcrosses. Indeed, an
appropriate selection in the population produced by the self-pollination,
i.e., selection for the desired trait and physiological and morphological
characteristics of the recurrent parent might be equivalent to one, two
or even three, additional backcrosses in a continuous series without
rigorous selection, saving time, money and effort to the breeder. A non
limiting example of such a protocol would be the following: (a) the first
generation F1 produced by the cross of the recurrent parent A by the
donor parent B is backcrossed to parent A; (b) selection is practiced for
the plants having the desired trait of parent B; (c) selected plants are
self-pollinated to produce a population of plants where selection is
practiced for the plants having the desired trait of parent B and the
physiological and morphological characteristics of parent A; (d) the
selected plants are backcrossed one, two, three, four, five, six, seven,
eight, nine, or more times to parent A to produce selected backcross
progeny plants comprising the desired trait of parent B and the
physiological and morphological characteristics of parent A. Step (c) may
or may not be repeated and included between the backcrosses of step (d).

[0137] The selection of a suitable recurrent parent is an important step
for a successful backcrossing procedure. The goal of a backcross protocol
is to alter or substitute a single trait or characteristic in the
original line. To accomplish this, a gene or genes of the recurrent
cultivar is modified or substituted with the desired gene from the
nonrecurrent parent, while retaining essentially all of the rest of the
desired genetic, and therefore the desired physiological and
morphological, constitution of the original line. The choice of the
particular nonrecurrent parent will depend on the purpose of the
backcross, one of the major purposes is to add some commercially
desirable, agronomical important trait to the plant. The exact
backcrossing protocol will depend on the characteristic or trait being
altered to determine an appropriate testing protocol. Although
backcrossing methods are simplified when the characteristic being
transferred is a single gene and dominant allele, multiple genes and
recessive allele(s) may also be transferred and therefore, backcross
breeding is by no means restricted to character(s) governed by one or a
few genes. In fact the number of genes might be less important than the
identification of the character(s) in the segregating population. In this
instance it may then be necessary to introduce a test of the progeny to
determine if the desired characteristic(s) has been successfully
transferred. Such tests encompass visual inspection, simple crossing but
also follow up of the characteristic(s) through genetically associated
markers and molecular assisted breeding tools. For example, selection of
progeny containing the transferred trait is done by direct selection,
visual inspection for a trait associated with a dominant allele, while
the selection of progeny for a trait that is transferred via a recessive
allele requires selfing the progeny to determine which plant carries the
recessive allele(s).

[0138] Many single gene traits have been identified that are not regularly
selected for in the development of a new line but that can be improved by
backcrossing techniques. Single gene traits may or may not be transgenic.
Examples of these traits include, but are not limited to, herbicide
resistance (such as bar or pat genes), resistance for bacterial, fungal,
or viral disease (such as gene I used for BCMV resistance), insect
resistance, enhanced nutritional quality (such as 2s albumine gene),
industrial usage, agronomic qualities (such as the "persistent green
gene"), yield stability, and yield enhancement. These genes are generally
inherited through the nucleus. Some other single gene traits are
described in U.S. Pat. Nos. 5,777,196, 5,948,957, and 5,969,212, the
disclosures of which are specifically hereby incorporated by reference.

[0139] In 1981 the backcross method of breeding accounted for 17% of the
total breeding effort for inbred corn line development in the United
States, according to, Hallauer, A. R., et al., "Corn Breeding," Corn and
Corn Improvement, No. 18, pp. 463-481 (1988).

[0140] The backcross breeding method provides a precise way of improving
varieties that excel in a large number of attributes but are deficient in
a few characteristics. (Page 150 of the Pr. R. W. Allard's 1960 book,
Principles of Plant Breeding, published by John Wiley & Sons, Inc.) The
method makes use of a series of backcrosses to the variety to be improved
during which the character or the characters in which improvement is
sought is maintained by selection. At the end of the backcrossing the
gene or genes being transferred unlike all other genes, will be
heterozygous. Selfing after the last backcross produces homozygosity for
this gene pair(s) and, coupled with selection, will result in a variety
with exactly the adaptation, yielding ability, and quality
characteristics of the recurrent parent but superior to that parent in
the particular characteristic(s) for which the improvement program was
undertaken. Therefore, this method provides the plant breeder with a high
degree of genetic control of his work.

[0141] The backcross method is scientifically exact because the
morphological and agricultural features of the improved variety could be
described in advance and because the same variety could, if it were
desired, be bred a second time by retracing the same steps (Briggs,
"Breeding wheats resistant to bunt by the backcross method," Jour. Amer.
Soc. Agron., 22:289-244 (1930)).

[0142] Backcrossing is a powerful mechanism for achieving homozygosity and
any population obtained by backcrossing must rapidly converge on the
genotype of the recurrent parent. When backcrossing is made the basis of
a plant breeding program, the genotype of the recurrent parent will be
modified only with regards to genes being transferred, which are
maintained in the population by selection.

[0143] Successful backcrosses are, for example, the transfer of stem rust
resistance from `Hope` wheat to `Bart` wheat and even pursuing the
backcrosses with the transfer of bunt resistance to create `Bart 38`,
having both resistances. Also highlighted by Allard is the successful
transfer of mildew, leaf spot and wilt resistances in `California Common`
alfalfa to create `Caliverde`. This new `Caliverde` variety produced
through the backcross process is indistinguishable from `California
Common` except for its resistance to the three named diseases.

[0144] One of the advantages of the backcross method is that the breeding
program can be carried out in almost every environment that will allow
the development of the character being transferred.

[0145] The backcross technique is not only desirable when breeding for
disease resistance but also for the adjustment of morphological
characters, color characteristics, and simply inherited quantitative
characters, such as earliness, plant height, and seed size and shape. In
this regard, a medium grain type variety, `Calady`, has been produced by
Jones and Davis. As dealing with quantitative characteristics, they
selected the donor parent with the view of sacrificing some of the
intensity of the character for which it was chosen, i.e., grain size.
`Lady Wright`, a long grain variety was used as the donor parent and
`Coloro`, a short grain variety as the recurrent parent. After four
backcrosses, the medium grain type variety `Calady` was produced.

Deposit Information

[0146] A deposit of the garden bean seed of this invention is maintained
by Harris Moran Seed Company, Sun Prairie Research Station, 1677 Muller
Road, Sun Prairie, Wis. 53590. In addition, a sample of the garden bean
seed of this invention has been deposited with the National Collections
of Industrial, Food and Marine Bacteria (NCIMB), 23 St. Machark Drive,
Aberdeen, Scotland, AB24 3RY, United Kingdom.

[0147] To satisfy the enablement requirements of 35 U.S.C. 112, and to
certify that the deposit of the isolated strain of the present invention
meets the criteria set forth in 37 CFR 1.801-1.809, Applicants hereby
make the following statements regarding the deposited garden bean
cultivar H28122 (deposited as NCIMB Accession No. 41702): [0148] 1.
During the pendency of this application, access to the invention will be
afforded to the Commissioner upon request; [0149] 2. Upon granting of the
patent the strain will be available to the public under conditions
specified in 37 CFR 1.808; [0150] 3. The deposit will be maintained in a
public repository for a period of 30 years or 5 years after the last
request or for the effective life of the patent, whichever is longer; and
[0151] 4. The deposit will be replaced if it should ever become
unavailable.

[0152] Access to this deposit will be available during the pendency of
this application to persons determined by the Commissioner of Patents and
Trademarks to be entitled thereto under 37 C.F.R. §1.14 and 35
U.S.C. §122. Upon allowance of any claims in this application, all
restrictions on the availability to the public of the variety will be
irrevocably removed by affording access to a deposit of at least 2,500
seeds of the same variety with the NCIMB.

Tables

[0153] In Tables 2 and 3, the traits and characteristics of garden bean
cultivar H28122 are compared to the `Sahara` variety of garden beans. The
data was collected during two growing seasons from several field
locations in the United States.

[0163] The foregoing detailed description has been given for clearness of
understanding only and no unnecessary limitations should be understood
there from as modifications will be obvious to those skilled in the art.

[0164] While a number of exemplary aspects and embodiments have been
discussed above, those of skill in the art will recognize certain
modifications, permutations, additions and sub-combinations thereof. It
is therefore intended that the following appended claims and claims
hereafter introduced are interpreted to include all such modifications,
permutations, additions and sub-combinations as are within their true
spirit and scope.

Patent applications by Robert J. Gehin, Belleville, WI US

Patent applications by HARRIS MORAN SEED COMPANY

Patent applications in class Breeding for pathogen or pest resistance or tolerance

Patent applications in all subclasses Breeding for pathogen or pest resistance or tolerance